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Harold M. Goldner Kraut Harris – Philadelphia, PA Todd C. Scott (Moderator) PowerPoint Presentation
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Harold M. Goldner Kraut Harris – Philadelphia, PA Todd C. Scott (Moderator)

Harold M. Goldner Kraut Harris – Philadelphia, PA Todd C. Scott (Moderator)

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Harold M. Goldner Kraut Harris – Philadelphia, PA Todd C. Scott (Moderator)

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  1. Minnesota Lawyers Mutual Ins. Co.Practice Management Webcast SeriesIdentifying Conflicts of Interest in Litigation and Business Law Practice Harold M. GoldnerKraut Harris – Philadelphia, PA Todd C. Scott (Moderator) Minnesota Lawyers Mutual

  2. Certificate of Attendance For webcast viewers in allstates: Write down this code and save it. At end of program, you can click on “Get Certificate” Enter the full code and download your certificate. 4 3 U K 7 6

  3. Spotting conflicts in your practice specializing in the practice, advertising, communicating with clients, client satisfaction

  4. Bright lines & ethical considerations Conflicts with current and former clients

  5. Rule 1.7 (abridged) ABA Model Rule 1.7 Conflict of Interest: Current Clients (a) …a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: • the representation of one client will be directly adverse to another client; or • there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. Part (a) The basic rule

  6. Rule 1.7 (continued) ABA Model Rule 1.7 Conflict of Interest: Current Clients (b) …a lawyer may represent a client if: • the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; • the representation is not prohibited by law; • the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and • each affected client gives informed consent, confirmed in writing. Part (b) The exceptions

  7. Rule 1.9 ABA Model Rule 1.9 Duties to Former Clients • A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. Part (a) The basic rule Former clients

  8. Rule 1.9 (Continued) ABA Model Rule 1.9 Duties to Former Clients • A lawyer shall not knowingly represent a person in the same or a substantially related matter in which a firm with which the lawyer formerly was associated had previously represented a client (1) whose interests are materially adverse to that person; and (2) about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(c) that is material to the matter; unless the former client gives informed consent, confirmed in writing. Part (b) Imputed conflicts: Former firm; Prohibited representation

  9. Rule 1.9 (Continued) ABA Model Rule 1.9 Duties to Former Clients (c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter: (1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or (2) reveal information relating to the representation except as these Rules would permit or require with respect to a client. Part (c) Former clients; Confidential information

  10. Conflict fact scenarios Representing organizations, family members, business colleagues, beneficiaries, former clients

  11. Employment case • Employee has a non-compete agreement. • After conferring with counsel employee works with a competitor. • Employee and competitor sued. • New employer asks counsel to represent both employee and new employer. A

  12. Employment case • Counsel represents multiple claimants from same employer – both reporting to the employer. • Matters resolved favorably, then a few month later a terminated supervisor seeks advice from counsel. B

  13. Employment case • Company receives charge of discrimination filed with EEOC naming company and CEO as harassers. • CEO does not wish to utilize ELI coverage. • Counsel learns claimant’s demand outstrips available coverage by more than $1M C

  14. Systems for uncovering conflicts Conflict checking at intake, case management, client databases, firm communications

  15. Personal Injury case • 4 sisters in motor vehicle collision. • Halfway through discover it is determined there is only a $50K policy available, but sisters’ claim are widely varying: minor soft tissue injury to head injury. • Also, there is underinsured motorist coverage available. D

  16. Personal Injury case • Loss of consortium count brought. • Delays in court result in case does not get listed for trial until 5 years after start of suit. • At that time, couple has been separated for several years but not divorced. • Spouse just before trial: • He wishes to pursue his consortium claim. • He’s transitioned from male to female. E

  17. Got Questions? Click here type in your question for the panel.

  18. Corporate case • Counsel represents company, reporting to company’s board and CEO. • Board president has personally signed for certain obligations of company. • Counsel learns that CEO pleaded guilty to sex crime and is asking board President to cover his legal expenses or CEO will cause “default” on obligations signed for by board president. F

  19. Domestic relations case • Bride and groom seek pre-nuptial agreement. • Groom is referred to new lawyer in law firm that has represented bride’s family in estate matters, and bride’s prior divorce. • Upon reviewing facts counsel learns about firm’s involvement in bride’s legal matters. G

  20. Certificate of Attendance For webcast viewers in allstates: Write down this code and save it. At end of program, you can click on “Get Certificate” Enter the full code and download your certificate. 4 3 U K 7 6

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